R v Adamson [2005] NSWCCA 7

New South Wales Court of Criminal Appeal

CITATION: R v Adamson [2005] NSWCCA 7

HEARING DATE(S): 31 January 2005

JUDGMENT DATE: 31 January 2005

JUDGMENT OF: Spigelman CJ at 1; Dunford J at 10; Hidden J at 11

DECISION: Application for leave dismissed

CATCHWORDS: CRIMINAL LAW - Appeal - When appeal lies - From interlocutory judgment or order - Opinion before trial on whether defence available - Not interlocutory judgment - Criminal Appeal Act 1912, s 5F. - JUDGMENTS AND ORDERS - Classification - Interlocutory judgment or order - Opinion before trial on whether defence available - Not appealable before conviction - Criminal Appeal Act 1912, s 5F.

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912

CASES CITED: R v Staffan (1993) 30 NSWLR 633

Regina PARTIES: Darren William Adamson

FILE NUMBER(S): CCA 2004/2322

J Girdham for Crown COUNSEL: GD Wendler for Adamson

S Kavanagh for Crown SOLICITORS: Van Houten Solicitors for Adamson

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0386

LOWER COURT JUDICIAL OFFICER: Blackmore DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2322

SPIGELMAN CJ DUNFORD J HIDDEN J

MONDAY 31 JANUARY 2005 REGINA v DARREN WILLIAM ADAMSON Judgment 1 SPIGELMAN CJ: This is an application for leave to appeal pursuant to provisions of s 5F(3) of the Criminal Appeal Act 1912.

2 The applicant has been indicted on two charges. First, that he did break and enter a building and did steal certain property, contrary to the provisions of s 112(1) of the Crimes Act 1900. Secondly, that he did maliciously damage property by fire, contrary to s 195(6) of the Crimes Act 1900.